Legal Question in Landlord & Tenant Law in California
Does he have any ''palimony'' rights?
My sister shares her house (5 years now) with her
''boyfriend.'' They do not have any intimate physical
contact because he is incapable--they have never had
s#xual contact with each other, but they are good
friends. They do not date other people. He won some
BIG money in Vegas and has not worked in 8 months.
He gives my sister money to help pay for food and
utilities. He paid to replace the carpet too. My sister
does not want him to have any claim to her house if she
passes away. What is the best way to make sure he
has no claim to the house?
2 Answers from Attorneys
Re: Does he have any ''palimony'' rights?
Have an attorney draft a trust or will. If you/she would like prompt, affordable legal assistance in this matter, contact us directly for a free phone consultation.
Re: Does he have any ''palimony'' rights?
Palimony is based upon the legal theory that there has been an implied in fact contract between the parties, i.e. the parties had an implied understanding that they would share in ownership of all property and would help to support each other for life or for a period of time. The outcome of a palimony case is difficult to predict because it depends on the facts of each case. What you would need to do is to take action to show that there is no such implied agreement, i.e. by transferring your property into a trust, corporation or another entity that the other party has no control over. You might also want to make sure all your finances are kept separate and distinct from your friend's. Feel free to call my office for a free initial consultation to discuss this matter further.
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